Who Pays Medical Bills in a Car Accident?

Who Pays Medical Bills in a Car Accident?

Insurance companies and at-fault parties generally pay medical bills in a car accident case. Depending on the circumstances, you may seek compensation from the at-fault party’s insurer or your own insurer, or you may sue the at-fault party in pursuit of compensation for your medical bills.

Determining who should pay for your medical bills is not always an easy process. Securing fair payment may be even more difficult. Choose to hire a car accident attorney to both establish liability for your medical bills (and other damages) and seek fair compensation from liable parties.

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Filing a Claim with the At-Fault Party’s Insurer

Virtually every state requires motorists to have some amount of auto insurance. In California, for instance, motorists can be insurance-compliant with:

• A motor vehicle liability insurance policy that includes $15,000 in coverage for someone else’s injuries or death, $30,000 to cover multiple other victims with injuries, and $5,000 for property damage
• A cash deposit of $35,000 provided to the California Department of Motor Vehicles
• A surety bond of $35,000

Most motorists choose simply to purchase an auto insurance policy that includes liability insurance. This way, if someone causes a car accident, their insurance company is required to pay for victims’ medical expenses and certain other losses.

Filing a Claim with Your Auto Insurance Provider

Your insurance policy may include coverage for uninsured and underinsured motorists (UM/UIM). Considering that the minimum liability insurance coverage in California is $15,000 for one person’s medical bills, there is a significant chance you may need to access UM/UIM coverage if you have it.

Suing Liable Parties

There are many reasons to potentially sue those responsible for your car accident, including:

• Their total lack of auto insurance (or alternative means of coverage, like a surety bond), as an estimated 14 percent of motorists in the United States lack insurance
• Their inadequate insurance (if UM/UIM coverage does not adequately cover your losses, suing may be the next option)

Insurance companies also sometimes refuse to pay fair compensation to accident victims, even if their policies require them to. This is another reason you might choose to file suit against liable parties.

Medical Bills Are Not the Only Damages You Deserve Compensation For

Your medical expenses are likely only one of several damages you suffered because of the car accident. Some of the most common damages among car accident victims include:

Medical Bills

Though they are likely not the only damage you face, medical expenses are undoubtedly a significant consideration in any claim or lawsuit you file. Such expenses can result from:

• Ambulance transport
• Emergency medical care
• Medical imaging
• Surgery
• Hospitalization
• Medications
• Other medical services and items

Attorneys know the extensive medical care that car accident victims often need. Your lawyer will secure all relevant medical records, consider any future services you’ll need, and determine how much money you deserve for medical expenses.

Rehabilitation Expenses

If you need any type of rehabilitation to regain strength after the car accident, your lawyer will seek compensation for:

• The direct cost of rehabilitation services
• The cost of transportation to and from rehabilitation appointments
• The cost of time spent on rehabilitation
• Any other rehab-related costs

Every damage counts when a lawyer is calculating the cost of your car accident.

Property Costs

Property costs related to a car accident can include vehicle repairs, the cost of replacing a totaled vehicle, and the cost of replacing personal items like phones, clothing, and jewelry.

Pain and Suffering

Pain and suffering is one of the most common and important damages in car accident cases. Your pain and suffering may include:

• Physical pain (both immediate and chronic in nature)
• Post-traumatic stress disorder (PTSD)
• Lost quality of life
• Sleep disruptions
• Depression
• Anxiety

If you have scarring or other types of disfigurement due to the accident, your lawyer will include these in their pain and suffering calculation.

Lost Income and Other Professional Harm

Many car accident victims need time to heal before returning to work. Others must change jobs, reduce their hours, or retire because of car accident-related injuries. These outcomes can cause:

• Lost income
• Diminished earning capacity
• Lost chances to earn bonuses
• Lost opportunities for promotions (or lost progress toward promotions)

Many people also struggle psychologically when they are unable to earn the income they are used to earning. Your car accident attorney will consider all professional damages as they calculate your case value.

Economic and Non-Economic Damages Related to a Disability

Being disabled introduces several unique challenges that entitle car accident victims to compensation. Such disability-related damages can include:

• Caregiver expenses (which may include a loved one leaving or altering their career to care for a loved one)
• Long-term pain and suffering
• The cost of medical equipment, including but not limited to a wheelchair
• The cost of purchasing a vehicle that accommodates a wheelchair
• The cost of altering your home to accommodate a disability (like installing ramps)
• Permanent loss of income

Attorneys are careful when identifying and calculating damages. Yours will account for every damage and ensure the accuracy of their calculations before negotiating a settlement with liable parties.

The Many Reasons to Let a Lawyer Seek Compensation for Your Medical Bills

Car accident victims often feel alone and confused after collisions. Some common questions include:

• What injuries have I suffered?
• How much money am I entitled to for my accident-related damages?
• What is the right way to seek compensation for my damages?
• Will I have to negotiate, or will the liable parties volunteer fair compensation?
• What if I need to sue?

These are fair questions to ask, but you may not have the answers. A car accident lawyer will answer these questions for you. Better yet, an attorney will perform legal duties that serve as solutions to your uncertainty.

Some of the most important reasons to work with a car accident lawyer include:

• A lawyer’s prior experience (which may be decades-long) negotiating settlements and winning awards for car accident victims
• A lawyer’s financial support, resources, time, and effort
• The protection a lawyer provides, as you don’t have to worry about insurers or defendants when your lawyer is handling your case
• A greater ability to focus on your health and recovery because your attorney is handling every detail of your case

When you hire a lawyer, you can file a lawsuit, too. If you did not have an attorney, this may not be a realistic option unless you are a lawyer yourself.

An Attorney Will Overcome All Case-Related Challenges for You

Insurance claims can be more challenging than they should be. By hiring a lawyer, you avoid the common pitfalls that plague insurance claims, which include:

• Statements and actions that negatively affect your claim: Your actions and statements can have a direct effect on the outcome of your claim, for better or worse. Your car accident lawyer will help you make accurate statements to insurers and take all necessary actions (like documenting medical care) that lead to a positive case outcome.
• Insurance companies acting in bad faith: Insurers have financial incentives that often lead them to undervalue accident victims’ damages, engage in hardball negotiations, and try to pay the claimant as little compensation as possible.
• Accepting lowball offers: One of the gravest mistakes a car accident victim can make is accepting a lowball settlement offer. This frees the insurance company from further financial liability and can lead the accident victim to have to pay out-of-pocket for accident-related expenses. Your attorney will ensure this does not happen in your case.

The best course of action after a car accident is to place your case in a lawyer’s hands and allow them to fight for the financial outcome you deserve.

How, Exactly, a Car Accident Lawyer Will Seek Compensation for Medical Bills (and Other Damages)

While you meet with doctors, rest, and recover as soon as possible, your lawyer will be:

Proving Who Is at Fault (and Liable) for Your Car Accident

Your car accident lawyer will immediately investigate the car accident and secure any evidence that helps your case, which can include:

• Eyewitness accounts (your lawyer will gather existing testimony and interview witnesses as necessary)
• Expert accounts about who caused the car accident and how the other party caused the collision
• Video footage of the car accident, which can come from several sources, including traffic cameras and dashboard cameras
• Any police report related to the car accident
• Any other evidence that helps prove who caused your accident

Lawyers are experienced accident investigators. Your car accident attorney will immediately secure all evidence that can contribute to a positive outcome in your case.

Documenting Your Damages

Your attorney must prove how the car accident affected you and may prove your damages using:

• Medical bills for accident-related services
• Images of injuries, which can include X-rays, MRIs, CT scans, and photographs
• Past employment and income records, which can show that you have lost income because of the car accident
• Mental health experts’ testimony about post-traumatic stress disorder, depression, anxiety, and other types of pain and suffering
• Doctors’ testimony about your injuries, symptoms, treatment needs, and other relevant topics
• Invoices related to vehicle repairs, replacement of a totaled vehicle, temporary transportation, and other property-related costs

Your lawyer will include every detail that indicates how the liable parties’ negligence has affected you, both from an economic and non-economic standpoint.

Calculating the Value of a Fair Settlement

One of your lawyer’s most important responsibilities is to determine how much compensation you are entitled to. The value of your case will depend on:

• How many injuries you have suffered
• The type and severity of each of your injuries
• The specific symptoms you’ve suffered
• The type and duration of your medical treatment
• The nature and severity of your pain and suffering
• Whether you are disabled
• A host of other factors

Your car accident attorney will enter settlement negotiations with a clear, evidence-based valuation for your case. Above all else, your lawyer’s goal will be to secure enough compensation to cover all of your accident-related damages.

Negotiating a Settlement

When your lawyer understands how much compensation you deserve, they will present their settlement demands to liable parties. Statistics indicate that your case is most likely going to settle, and it’s your lawyer’s job to ensure any settlement you accept is fair.

Drafting and Filing Any Necessary Lawsuits

You may decide (along with your lawyer) to file a lawsuit against liable parties if:

• The motorist who caused your car accident was uninsured
• The amount of insurance coverage available (through others’ policies and your own) is less than the financial cost of your accident-related damages
• Insurance companies owe you compensation but refuse to offer a fair settlement

Your lawyer will help you make important decisions, like whether to file a lawsuit.

Representing You at Trial, If Necessary

If you choose to sue liable parties and your attorney does not reach a settlement agreement, your case could go to trial. If so, your lawyer will represent you at trial and ask the judge or jury (and work to convince them) to award you the compensation you deserve.

When Should I Hire My Car Accident Lawyer?

You should hire your car accident lawyer as soon as possible. You can find an attorney by:

• Searching the internet for car accident lawyers in your area
• Seeking recommendations from friends, family, or other trusted individuals
• Speaking with attorneys who advertise in your area

Personal injury attorneys generally offer their services at no upfront or out-of-pocket cost. There may be multiple deadlines associated with your case, so don’t wait to hire your lawyer.